Juvenile Case Plan: Placement of the Children
Changing the Case Plan or Court Orders
Your juvenile law attorney can file a motion – at any appropriate time – for a change of any prior dependency court order, as long as it can be shown that it is in the best interest of the child, there is new evidence or there are changed circumstances. This must take place before parental rights are terminated.
The motion is called a 388 petition, otherwise known as a JV-180. In California, this refers to the Welfare & Institutions Code that states either the parents OR the county may petition the Court to change the previous orders. It is up to the attorney to put on evidence and show why it is in the best interest of the children, and it must comply with juvenile law. If it meets the threshold requirements, the Court will grant a hearing date in which to argue the evidence and the judge, if satisfied, will grant a change in the prior court order. This can be for an accelerated visitation plan or return of the children. It can be for anything relevant to the case.
Three things could take place:
- The dependency judge could deny the petition without a hearing.
- The dependency judge could order a hearing.
- The dependency judge could agree to a stipulation by all of the attorneys.
Like all previous juvenile court proceedings, adverse 388 rulings can be appealed by the parents.
Grandparents and Other Relatives
Out of State Relatives
Status Review Hearings
The court reviews the progress of the parent’s on their case plan at these stages and can dismiss or continue the jurisdiction at these proceedings.
Termination of Parental Rights
YOUR ATTORNEY WHO WORKS IN THE AREA OF JUVENILE LAW AND JUVENILE DEPENDENCY can and should strongly argue for no termination of parental rights. A 388 petition or JV-180 can be filed, within the parameters of juvenile law requirements, and may be heard to stop the termination of parental rights. This is something your attorney who works in the area of juvenile law and juvenile dependency will advocate for.
Free Case Evaluation
If you would like to schedule a free consultation
Call Us Today